California, United States of America
The following excerpt is from People v. Edwards, 246 Cal.Rptr.3d 40, 34 Cal.App.5th 183 (Cal. App. 2019):
"Whether a punishment is cruel and/or unusual is a question of law," so we exercise independent review while considering in the light most favorable to the judgment any underlying disputed facts. ( People v. Palafox (2014) 231 Cal.App.4th 68, 82, 179 Cal.Rptr.3d 789.)
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